What is the current state of the law on privilege for confidential sources?

California, United States of America


The following excerpt is from Liggett v. Superior Court (Gregerson), 224 Cal.App.3d 426, 260 Cal.Rptr. 161 (Cal. App. 1989):

By 1931, the principle was firmly established that the First Amendment is a fundamental right applicable to the states through the Fourteenth Amendment's due process clause. (Near v. Minnesota (1931) 283 U.S. 697, [224 Cal.App.3d 431] 707, 51 S.Ct. 625, 627, 75 L.Ed. 1357.) 2 The United States Supreme Court first confronted the issue of whether a reporter had a privilege for confidential sources in Branzburg v. Hayes (1972) 408 U.S. 665, 92 S.Ct. 2646, 33 L.Ed.2d 626.

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